Muslim women wants divorce husband asks custody of Child
1 year ago
Hi, I got married in 2017 in muslim Nikah ceremony. My husband lied to me about his job and salary. After marriage I came to know the truth but couldn't do anything. I thought as it cant be changed now so tried to get a good job for my husband. As my husbands salary was less I paid all the bills, rent , groceries and looked after all household work. My husband had night shift so he gave that as excuse to avoid all work. I thought after baby he will change. His mother dint like me much and used to complain behind my back to my huband. When I was eight months pregnant she lied about not being invited to baby shower and caused a big fight. My husband threatened to divorce me when i was nine months pregnant. He abused me and my family verbally. After baby was born and I was in parents plave he hardly visited me and never took care of any of our needs. I lost all hope when my kid was one year and started being strong to carry out all parenting duties. Now when I ask him for divorce he says if I have a problem I should go to his home and talk or go to family court in his area and he will keep custody of child. The person who dint look after baby a single day wants custody of child. Although I know he wont do anything to look after baby as he is very lazy and doesnt care about either of us. He is using this to threaten me. He wants me only for money as I have two houses in my name and have good job and salary. But
You can file for divorce and domestic violence under the Domestic Violence Act, 2005.
You can ask for alimony and maintenance for the child with the divorce case.
Marriage is a civil contract in Muslim community. You may get divorce with alimony and maintenance to the child if you file suit for divorce. You may file other cases like 125 Cr.P.C for maintenance and also domestic violence case etc.
As per the Muslim Personal Law you cannot divorce him but he can divorce you through "Talaq". As far as you divorcing him is concerned you can do so under the provisions of THE DISSOLUTION OF MUSLIM MARRIAGESACT, 1939. You can do so under the Section 2 of the Act which is as follow
2. Grounds for decree for dissolution of marriage. ? A woman married under Muslim law shall
be entitled to obtain a decree for the dissolution of her marriage on any one or more of the
following grounds, namely:
(i)that the whereabouts of the husband have not been known for a period of four years;
(ii)that the husband has neglected or has failed to provide for her maintenance for a period of
two years;
(iii)that the husband has been sentenced to imprisonment for a period of seven years or
upwards;
(iv)that the husband has failed to perform, without reasonable cause, his marital obligations for
a period of three years;
(v)that the husband was impotent at the time of the marriage and continues to be so;
(vi)that the husband has been insane for a period of two years or is suffering from leprosy or a
virulent venereal disease;
(vii)that she, having been given in marriage by her father or other guardian before she attained
the age of fifteen years, repudiated the marriage before attaining the age of eighteen years:
Provided that the marriage has not been consummated;
(viii)that the husband treats her with cruelty, that is to say, ?
(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such
conduct does not amount to physical ill-treatment, or
(b) associates with women of evil repute or leads an infamous life, or
(c) attempts to force her to lead an immoral life, or
(d) disposes of her property or prevents her exercising her legal rights over it, or
(e) obstructs her in the observance of her religious profession or practice, or
(f) if he has more wives than one, does not treat her equitably in accordance with the
injunctions of the Qoran;
(ix)on any other ground which is recognised as valid for the dissolution of marriages under
Muslim law.
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